The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 407 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 407 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12).
totally to subtract themselves from their direction and control, either at their own option, or by the instigation of others.  By this law the tenure and value of a Roman Catholic in his real property is not only rendered extremely limited and altogether precarious, but the paternal power is in all such families so enervated that it may well be considered as entirely taken away; even the principle upon which it is founded seems to be directly reversed.  However, the legislature feared that enough was not yet done upon this head.  The Roman Catholic parent, by selling his real estate, might in some sort preserve the dominion over his substance and his family, and thereby evade the operation of these laws, which intended to take away both.  Besides, frequent revolutions and many conversions had so broken the landed property of Papists in that kingdom, that it was apprehended that this law could have in a short time but a few objects upon which it would be capable of operating.

To obviate these inconveniences another law was made, by which the dominion of children over their parents was extended universally throughout the whole Popish part of the nation, and every child of every Popish parent was encouraged to come into what is called a court of equity, to prefer a bill against his father, and compel him to confess, upon oath, the quantity and value of his substance, personal as well as real, of what nature soever, or howsoever it might be employed; upon which discovery, the court is empowered to seize upon and allocate, for the immediate maintenance of such child or children, any sum not exceeding a third of the whole fortune:  and as to their future establishment on the death of the father, no limits are assigned; the Chancery may, if it thinks fit, take the whole property, personal as well as real, money, stock in trade, &c, out of the power of the possessor, and secure it in any manner they judge expedient for that purpose; for the act has not assigned any sort of limit with regard to the quantity which is to be charged, or given any direction concerning the means of charging and securing it:  a law which supersedes all observation.

But the law is still more extensive in its provision.  Because there was a possibility that the parent, though sworn, might by false representations evade the discovery of the ultimate value of his estate, a new bill may be at any time brought, by one, any, or all of the children, for a further discovery; his effects are to undergo a fresh scrutiny, and a now distribution is to be made in consequence of it.  So that the parent has no security against perpetual inquietude, and the reiteration of Chancery suits, but by (what is somewhat difficult for human nature to comply with) fully, and without reserve, abandoning his whole property to the discretion of the court, to be disposed of in favor of such children.

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The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12) from Project Gutenberg. Public domain.